Full Text of HB4522 101st General Assembly
HB4522 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4522 Introduced 2/5/2020, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
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Amends the Cannabis Regulation and Tax Act. Requires cannabis or cannabis-infused products to be tested for vitamin E acetate. Provides that if a sample fails the test the entire batch from which the sample was taken shall be recalled. Prohibits cannabis and cannabis-infused products from containing vitamin E acetate.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Cannabis Regulation and Tax Act is amended | 5 | | by changing Section 50-5 as follows: | 6 | | (410 ILCS 705/50-5)
| 7 | | Sec. 50-5. Laboratory testing. | 8 | | (a) Notwithstanding any other provision of law, the | 9 | | following acts, when performed by a cannabis testing facility | 10 | | with a current, valid registration, or a person 21 years of age | 11 | | or older who is acting in his or her capacity as an owner, | 12 | | employee, or agent of a cannabis testing facility, are not | 13 | | unlawful and shall not be an offense under Illinois law or be a | 14 | | basis for seizure or forfeiture of assets under Illinois law: | 15 | | (1) possessing, repackaging, transporting, storing, or | 16 | | displaying cannabis or cannabis-infused products; | 17 | | (2) receiving or transporting cannabis or | 18 | | cannabis-infused products from a cannabis business | 19 | | establishment, a community college licensed under the | 20 | | Community College Cannabis Vocational Training Pilot | 21 | | Program, or a person 21 years of age or older; and | 22 | | (3) returning or transporting cannabis or | 23 | | cannabis-infused products to a cannabis business |
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| 1 | | establishment, a community college licensed under the | 2 | | Community College Cannabis Vocational Training Pilot | 3 | | Program, or a person 21 years of age or older. | 4 | | (b)(1) No laboratory shall handle, test, or analyze | 5 | | cannabis unless approved by the Department of Agriculture in | 6 | | accordance with this Section. | 7 | | (2) No laboratory shall be approved to handle, test, or | 8 | | analyze cannabis unless the laboratory: | 9 | | (A) is accredited by a private laboratory accrediting | 10 | | organization; | 11 | | (B) is independent from all other persons involved in | 12 | | the cannabis industry in Illinois and no person with a | 13 | | direct or indirect interest in the laboratory has a direct | 14 | | or indirect financial, management, or other interest in an | 15 | | Illinois cultivation center, craft grower, dispensary, | 16 | | infuser, transporter, certifying physician, or any other | 17 | | entity in the State that may benefit from the production, | 18 | | manufacture, dispensing, sale, purchase, or use of | 19 | | cannabis; and | 20 | | (C) has employed at least one person to oversee and be | 21 | | responsible for the laboratory testing who has earned, from | 22 | | a college or university accredited by a national or | 23 | | regional certifying authority, at least: | 24 | | (i) a master's level degree in chemical or | 25 | | biological sciences and a minimum of 2 years' | 26 | | post-degree laboratory experience; or |
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| 1 | | (ii) a bachelor's degree in chemical or biological | 2 | | sciences and a minimum of 4 years' post-degree | 3 | | laboratory experience. | 4 | | (3) Each independent testing laboratory that claims to be | 5 | | accredited must provide the Department of Agriculture with a | 6 | | copy of the most recent annual inspection report granting | 7 | | accreditation and every annual report thereafter. | 8 | | (c) Immediately before manufacturing or natural processing | 9 | | of any cannabis or cannabis-infused product or packaging | 10 | | cannabis for sale to a dispensary, each batch shall be made | 11 | | available by the cultivation center, craft grower, or infuser | 12 | | for an employee of an approved laboratory to select a random | 13 | | sample, which shall be tested by the approved laboratory for: | 14 | | (1) microbiological contaminants; | 15 | | (2) mycotoxins; | 16 | | (3) pesticide active ingredients; | 17 | | (4) residual solvent; and | 18 | | (5) an active ingredient analysis ; and . | 19 | | (6) vitamin E acetate. | 20 | | (d) The Department of Agriculture may select a random | 21 | | sample that shall, for the purposes of conducting an active | 22 | | ingredient analysis, be tested by the Department of Agriculture | 23 | | for verification of label information. | 24 | | (e) A laboratory shall immediately return or dispose of any | 25 | | cannabis upon the completion of any testing, use, or research. | 26 | | If cannabis is disposed of, it shall be done in compliance with |
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| 1 | | Department of Agriculture rule. | 2 | | (f) If a sample of cannabis does not pass the | 3 | | microbiological, mycotoxin, pesticide chemical residue, or | 4 | | solvent residue test, or vitamin E acetate test, based on the | 5 | | standards established by the Department of Agriculture, the | 6 | | following shall apply: | 7 | | (1) If the sample failed the pesticide chemical residue | 8 | | test or vitamin E acetate test , the entire batch from which | 9 | | the sample was taken shall, if applicable, be recalled as | 10 | | provided by rule. | 11 | | (2) If the sample failed any other test, the batch may | 12 | | be used to make a CO 2 -based or solvent based extract. After | 13 | | processing, the CO 2 -based or solvent based extract must | 14 | | still pass all required tests. | 15 | | (g) The Department of Agriculture shall establish | 16 | | standards for microbial, mycotoxin, pesticide residue, solvent | 17 | | residue, or other standards for the presence of possible | 18 | | contaminants, in addition to labeling requirements for | 19 | | contents and potency. | 20 | | (g-1) Cannabis and cannabis-infused products shall not | 21 | | contain vitamin E acetate. | 22 | | (h) The laboratory shall file with the Department of | 23 | | Agriculture an electronic copy of each laboratory test result | 24 | | for any batch that does not pass the microbiological, | 25 | | mycotoxin, or pesticide chemical residue test, at the same time | 26 | | that it transmits those results to the cultivation center. In |
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| 1 | | addition, the laboratory shall maintain the laboratory test | 2 | | results for at least 5 years and make them available at the | 3 | | Department of Agriculture's request. | 4 | | (i) A cultivation center, craft grower, and infuser shall | 5 | | provide to a dispensing organization the laboratory test | 6 | | results for each batch of cannabis product purchased by the | 7 | | dispensing organization, if sampled. Each dispensing | 8 | | organization must have those laboratory results available upon | 9 | | request to purchasers. | 10 | | (j) The Department of Agriculture may adopt rules related | 11 | | to testing in furtherance of this Act.
| 12 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
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